Commissioner Hanna Dedicated has ultimate responsibility for the Plan and bygningsetaten. All who want to build residential and commercial buildings in Oslo need permission from here.
Now to all the 251 decision in the 71 construction through the three-and-a-half years under the microscope. The reason is that both byråden and the agency was disqualified when the decisions were made.
– With regards to the inhabiliteten was it wrong that the Plan – and bygningsetaten made decisions in these byggesakene, says etatsdirektør Siri Gauthun Kielland.
It is the public administration act, which establishes the rules on disqualification for elected officials and public employees.
To make decisions when one is incompetent is to break the law. (See information below.)
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Tip us! Søskenrelasjoner
Hanna Dedicated (MDG) was the commissioner for urban development in Oslo since the present coalition took over power in the autumn of 2015. She has a brother and a sister both of whom are architects in companies with interests in Oslo byggebransje.
– I have the whole way meant that I was incompetent in cases involving the arkitektfirmaene where my siblings are directly involved, ” says byråden to NRK.
It was the local government Report that first mentioned the byrådens habilitetskrøll.
Dedicated informed his kommunaldirektør, Geir B. Aga, about søskenrelasjonen the day after she was appointed, in the autumn of 2015. This confirms the Aga opposite NRK.
He says that he then asked seksjonssjefer and fagsjefer take this into account.
In reality it took a long time before the municipality clarified what byrådens potential conflicts of interests meant in practice.
First in august 2018, it was concluded that because the responsible byråden was incompetent, was also the whole Plan and bygningsetaten incompetent.
law professor Jan Fridthjof Bernt at the University of Bergen is an expert on administrative law.
Photo: NRK
– It is a rule in the public administration act that says when a parent is incompetent, it can’t be taken a decision in the case of someone who is subordinate to her, ” says law professor at the University of Bergen, Jan Fridthjof Bernt.
In this case, therefore the purpose to avoid that the agency makes decisions that favors byrådens siblings.
Left: – Scandal
Miljøbyråd Lan Marie Berg (MDG) was appointed to the firm settebyråd for Markussen in these cases.
It was then passed almost three years ago Dedicated began as a city commissioner.
First of march 2019, so even half a year later, was appointed a setteetat in construction. Water – and avløpsetaten got this task.
the Investigation that is now put in the time covers the entire period from the Dedicated appointed and until march 2019.
the Harris law firm AS in Bergen has been given the mission. The review will cost at least 800.000 nok.
One of the possible outcomes may be that the previous decision declared null and void. What it will lead to is unclear.
the Liberal group leader in the city council, Hallstein Bjercke, call the whole thing a scandal.
SCANDAL: Hallstein Bjercke (V) ask yesterday Raymond Johansen clean up in habilitetsrotet.
Photo: Olaf Juven
– If byråden has been incompetent over a number of years and 250 issues have been feilbehandlet is this a big scandal. Byrådslederen must now ensure to clean this up and make sure that the trust to the municipality of Oslo does not deteriorate, ” he says.
Bjercke has asked Kontrollutvalget investigate the matter. They have currently decided to await the results of the external auditing.
also Read: Kommunetopp receives warning after breach of habilitetsreglene
Allows for the administration to blame
Even provides byråden administration to blame for habilitetsrotet.
– I’m not the first byråden who have been disqualified. So I have expected that this one has the routines in the administration to follow up, ” she says.
Why assured you you not that this was done in the right way?
Matters to the political treatment, as reguleringssaker, has been properly treated with respect to my incapacity. Therefore, I have not had any indications that it was not done properly in the agency.
– As the top commander of the agency, it is the your responsibility that inhabiliteten be taken into account?
As a city commissioner, I am always the top responsible for everything that happens. I was clear from the beginning and took it for granted that the administration had procedures in place. I think it was not correct to ask and to dig about the issues I had already given notice that I should not have anything to do.
Kommunaldirektør Aga acknowledges that it has taken a long time to get answers on the question about the derivative disqualification. He owes that these are complex issues.
– Nevertheless, the administration has used here too long time to study new routines related to this, he admits.
Professor Bernt is crystal clear on where the responsibility lies.
– Dedicated has the formal responsibility. How much she can be blamed we will not be able to know until we know how ready she has been in their messages, and how good she has been to follow up with, ” he says.
Byråden takes no self-criticism.
– I mean that I haven’t done anything wrong here. When you go to as a fresh politician and tell you about incapacity, one must be able to rely on that administration to have the procedures in place.
also Read: Caught up thousands of violations of the working environment act,
Director of planning and bygningsetaten, Siri Gauthun Kielland, started work 1. september of last year. Ellen de Vibe director of the agency when byggevedtakene was made. She does not want to comment on the case.